New Delhi: More than two years after Delhi University student Nikhil Chauhan was fatally stabbed outside his college in South Campus following a past dispute, a Delhi court has held that one of the minor accused will be tried as an adult.The order was passed by additional sessions judge (Pocso) Pawan Singh Rajawat at Rouse Avenue Courts on Aug 8.On June 12, 2023, Chauhan, a 19-year-old student of Aryabhatta College, intervened when he saw a group of boys from his institute mercilessly beating an acquaintance. An argument followed, and the boys left with a warning that Chauhan would face consequences. On June 18, Chauhan was stabbed in the chest, allegedly by one of the minors, leaving him unconscious. He was taken to hospital, where he was declared dead.On Sept 15, 2023, Juvenile Justice Board (JJB) declared both the minor accused to be “children in conflict with the law (CCL)” under the Juvenile Justice Act. It ruled that they should be tried before the board as CCLs, rather than as adults.As per the preliminary assessment report, one of the minor boys exhibited risk-taking behaviour during adolescence, along with maladaptive peer association and influence. It also noted impaired judgment, persistent social exposure, inadequate adult supervision, and a tendency toward manipulation.In its recent order, the court noted that gruesome and heinous cases, like that of Barun Chandra and Nirbhaya, require trying a CCL as an adult.“There are reasons for this. Firstly, providing justice to the victim, taking into account the harshness of the crime committed, and secondly, a situation where the minor poses a threat to society. From a societal perspective, therefore, trying minors as adults may be considered a necessary evil, rather than something that needs to be completely eradicated,” it stated.The order stated that the conduct of the boy, who went to the college armed with a deadly weapon despite having no prior enmity with the victim, indicates that he was fully aware not only the cause of his actions, but also of the effects which would entail if he used such a deadly weapon. It observed that the conduct of the minor reflected personality traits typically seen in adults at the time of committing the offence.It was also found that the CCL was involved in another case at Dabri police station. The court said that within a span of nearly one year, the minor was involved in two heinous offences, indicating a clear propensity to commit such heinous offences. It concluded that if not tried as an adult and punished accordingly, he could be a menace to civil society.“Accordingly, the present appeal is partly allowed, and it is ordered that the order on preliminary assessment dated Sept 15, 2023, in respect of the CCL, is set aside, and it is directed that he shall be tried as an adult before the children court for committing the offences,” the order read. Chauhan’s father Sanjay said after his murder, a sense of fear crept into his mind, which adversely affected his younger son’s studies. “My wife and I began fearing for his life, so I had to make him discontinue his studies and stay at home. I also filed a complaint, as we were receiving threats.”Describing Chauhan, his father said that he was the lifeline of the family and had a jovial nature. “The most affected is his mother, as she was very close to him,” he added. “They didn’t just take my son’s life; they also took away all the happiness from our lives. We still haven’t come out of the trauma,” he said.
